Punishment for Contempt in Court in Georgia

Types of Contempt of Court

The basic definition of contempt of court is any behavior, in court or outside of court, that disobeys the previous Court Order. There are several varieties of contempt. They are divided into two categories: civil and criminal. There are two types of civil contempt.

The first type of civil contempt is the one with which most people are most familiar: being disrespectful or rude to the judge, attorneys or officers of the court, or otherwise causing a disturbance in the courtroom. Usually, this form of contempt comes after a judge issues a warning.

The second type of contempt is less well-known. This version of contempt is the willful failure to obey a court order. This can include situations like violating restraining orders or failing to abide by court-issued divorce orders such as paying alimony or child support, or interfering with the other parent’s custody or visitation rights. These two types of contempt are also known as direct (contempt in the court) and indirect (contempt outside of the court).

The third, and rarest, form of contempt is criminal contempt. This form of contempt is imposed when someone deliberately acts to obstruct justice. Criminal contempt can be handed down when someone threatens a witness or judge, does something to hide or obscure evidence, or deliberately disobeys a Court Order after being directed not to do so again.

Judges have broad discretion in leveling contempt of court, and they use many factors to determine whether to hold someone responsible and whether the contempt is civil or criminal. These factors can include the nature of the court proceeding and the severity of the act. It’s unlikely (but not unheard of), for example, to be charged with criminal contempt of court in a civil proceeding.

Procedure for Criminal Contempt

When someone is charged with criminal contempt, they have all the same rights under the Constitution that anyone charged with a crime has, including the right to counsel and the right to a trial by jury. These cases can be tricky because sometimes the judge who imposed the charge also presides over the contempt case. Penalties for criminal contempt are punitive and almost always involve incarceration. When criminal contempt is imposed, separate charges are filed, which can be tried separately and may go on after the case that led to them ends.

Can I Appeal a Contempt Ruling?

Generally speaking, you can’t appeal contempt of court, because it is issued at the discretion of a judge who has the authority to control their own proceedings. If, however, the fine or jail time handed down are excessive, a contempt ruling can be appealed. In order to appeal a contempt ruling, you need to be able to conclusively demonstrate that either you were not out of line or that the penalties were excessive and didn’t fit what you did.